March 6, 1990 l~ ~~~ FIRE FIGHTING AGREEMENT BETWEEN CITY OF KERRVILLE COUNTY OF KERB This agreement by and between the CITY OF KERRVILLE, Kerr Coun- ty, Texas, hereinafter called "City," through its Mayor and attested by its City Clerk; and the COUNTY OF KERR, hereinafter called "County," acting through the Commissioners Court of said county, pursuant to the order of the said Commissioners Court, hereby acknowledges the following: WITNESSED: The City agrees to furnish for the use and benefit of the citi- zens of Kerr County, Texas outside the City Limits of the City of Kerrville, Texas, a fire truck and other fire fighting equip- ment, together with personnel to maintain and operate the same for a period of twelve (12) months, beginning on the 1st day of October 1989, and terminating on the 30th day of September 1990, under the following terms and conditions, to-wit: 1. A. Structural Fire If, in the event of a call which involves, or may involve, a structure (other than fences or pens) outside the City, and the volunteer fire department for that jurisdiction has not responded within four minutes, the Sheriff's Department dispatcher shall request the City send a fire truck. Other- wise, the City shall not be obligated to respond, unless called for assistance by another fire department in that same jurisdiction. B. Grass Fire The City shall not respond to a call or report of a fire that predominately involves grass and other vegetation unless a call for help is made by the fire department locat- ed in the area of the fire. In the event the City receives a call of this type, the City shall relay the call to the appropriate fire department in the County. C. Auto Fires and Rescue Calls This will include auto fires, wrecks or any other type of situation other than natural disaster which shall require rescuing (examples: drowning, searches, fuel spills). D. MAST Helicopter The city shall be on standby at all MAST helicopter calls. Fire Fighting Agreement City of Kerrville/County of Kerr Page 2 F. Non-Fire Emergencies This shall include incidents such as smoke instigated re- sponses (not actual fires), malicious and accidental false alarms, and fire investigations, except that there shall be no charge when the investigation is made as a courtesy to the Sheriff's Department, the Department of Public Safety, or the Texas Rangers in their determination of arson and the causes of fires. 2. For the fire services to be rendered hereunder, the County shall pay the City the monthly sum of FOUR THOUSAND ONE HUNDRED SIXTY-SIX DOLLARS AND 67/100 ($4,166.67). The first payment hereunder shall be due and payable on October 15, 1989, for the month of October 1989, and such payments shall continue on the fifteenth day of each successive calendar month for twelve (12) consecutive calendar months, with the last payment hereunder due and payable on September 15, 1990. 3. This agreement shall remain in effect from year to year, but may be terminated as of September 30, 1990, or any subse- quent year by either party giving sixty (60) days written no- tice thereof. 4. The County of Kerr agrees to indemnify and hold harmless the City of Kerrville for any damages or injuries to any per- son, or the property of such person, who is not an employee, agent, workman or fireman of the City of Kerrville, which damag- es or injury results from answering or performing fire calls outside the City of Kerrville. 5. It is understood and agreed that should the City's fire insurance rate be jeopardized in any manner, as a result of answering fire calls outside the City Limits, then the City shall have the right to terminate this agreement upon giving sixty (60) days written notice thereof. 6. The parties understand and agree that the City's primary fire fighting responsibilities are in the City and at the site of the greatest emergency; therefor, the City reserves the reasonable discretion to delay or fail to respond, or to pull away from any call, whether in City or out, in order to respond adequately to an in-City report, or to other emergencies of the greatest degree. Fire Fighting Agreement City of Kerrville/County of Kerr Page 3 Executed, this 2 2 day of ~~/i 1990. i..,`.' ' CITY OF KERR~V//JI~'L/]L/~E, TEXAS ~,`~ Leonard Holloway, ayor A'~EC~$T •~,,., / %y //~ i ~vi yUi i/ ~_~C